City of Rye, NY Article VIII Tables of Regulations

§ 197-86 Tables of regulations.

Use, area, height, yard, coverage and flood area ratio requirements in the various districts shall be as follows, subject to such exceptions and limitations as are specified in other sections of this chapter:

TABLE OF REGULATIONS: TABLE A RESIDENCE DISTRICTS — USE REGULATIONS Column 1 Permitted Main Uses
R-1, R-2, R-3, R-4, R-5, R-6 and RS Districts
	(1)	Houses. A single detached residence on its own lot for not more than one family.
RT Districts
	(1)	Uses permitted in R-6 Districts. Not subject to additional standards and requirements.
	(2)	Houses for two families. A detached house on its own lot for not more than two families or housekeeping units, or a house for not more than one family on each side of a party wall; such house shall be deemed a single main building.
RA-1 Districts
	(1)	Uses permitted in RT Districts not subject to additional standards and requirements.
	(2)	Apartments. A detached residence for three or more families or housekeeping units, or a group of buildings housing three or more families on one lot, subject to the requirements of § 197-7.
RA-2 Districts
	(1)	Uses permitted in RA-1 Districts not subject to additional standards and requirements.
RA-3 Districts
	(1)	Uses permitted in RA-1 Districts not subject to additional standards and requirements.
	(2)	Nontransient hotels and lodging houses. A hotel or lodging house for any number of guests but not primarily for transients, provided that a structure with six or more guest sleeping rooms shall be subject to the requirements of § 197-7.
RA-4 Districts
	(1)	Uses permitted in RA-1 Districts not subject to additional standards and requirements.
RA-5 Districts [Added 4-21-1982 by Ord. No. 2-1982, readopted 11-21-1984 by Ord. No. 1-1984]
	(1)	Apartments for senior citizens and handicapped. A detached residence for three or more families or housekeeping units or a group of buildings housing three or more families on one lot, undertaken by private nonprofit sponsors with public financial assistance, subject to the requirements of § 197-7.
RA-6 Districts [Added 12-2-2015 by L.L. No. 1-2016]
	(1)	Apartments for active seniors. A detached residence for three or more families or housekeeping units, or a group of buildings housing three or more families on one lot, subject to the requirements of §§ 197-7 and 197-8.1.
RFWP Districts [Added 11-18-1981 by L.L. No. 9-1981]
	(1)	Any combination of the following residential uses on the same lot, subject to the requirements of § 197-13.1:
		(a)	Houses. Single detached residences for not more than one family.
		(b)	Houses. Houses for two families. A detached house for not more than two families or housekeeping units, or a house for not more than one family on each side of a party wall, such house to be deemed a single building.
		(c)	Apartments. Single detached residence for three or more families or housekeeping units.
LPD-A District [Added 6-15-1983 by L.L. No. 5-1983]
	(1)	Single-family detached residences for not more than one family, subject to the requirements of § 197-13.2.
	(2)	Jay Mansion: A detached single-family residence for not more than one family or a multifamily residence for not more than three dwelling units and not more than one family per dwelling unit, as required by and subject to the requirements of § 197-13.2.
	(3)	Carriage House: A detached single-family residence for not more than one family or a multifamily residence for not more than six dwelling units and not more than one family per dwelling unit, as required by and subject to the requirements of § 197-13.2.

TABLE OF REGULATIONS: TABLE A RESIDENCE DISTRICTS  USE REGULATIONS Column 2 Uses Permitted Subject to Additional Standards and Requirements (Subject to the requirements and provisions of § 197-10)
R-1, R-2, R-3, R-4, R-5, R-6, RS and RT Districts
	(1)	Educational uses. Public schools and private and parochial schools with curricula similar to those of public elementary and secondary schools and operated under the Education Law of this state on sites not less than 10 acres in area (except that in RS Districts any school shall be on a site not less than 1/3 acre), provided that no building, parking area or grounds for organized games or sports shall be located within the specified distance from any side or rear lot line adjoining property zoned for residence and that such buffer space shall be so densely landscaped as to provide effective visual and sound screening of such activities or left in its natural state if this will fulfill the screening objectives; and nonprofit libraries and museums open to the public.
	(2)	Public recreational uses. Municipal recreation buildings, playgrounds, parks and reservations, provided that no buildings, parking area or grounds for picnicking or organized games or sports shall be located within the specified distance of any lot line, subject to the same regulations as for educational uses.
	(3)	Private recreational uses. Outdoor and indoor recreational uses, including but not limited to golf, badminton, tennis, paddle tennis, bathing, swimming and boating, with appurtenant clubhouses, except those where a chief activity is carried on primarily for gain, provided:
		(a)	A minimum site of 7.5 acres shall be provided.
		(b)	The floor-area-to-lot-area ratio shall not exceed that permitted for a single-family residence in the district in which it is located, except that in an R1 Residential Zoning District 0.10 shall be the maximum permitted.
		(c)	Fifty percent of any such site shall be natural ground cover, to include but not be limited to grass, trees, shrubs and plants.
		(d)	No green or fairway shall be located within 1/2 the specified distance from any lot line.
		(e)	Any building, parking lot or other recreational use shall be subject to the same regulations as specified for educational uses. [Amended 10-4-1961 by Ord. No. 13-1961; 10-18-1972 by Ord. No. 4-1972]
	(4)	Extension of welfare uses. Extension of home for the aged, religious institutions and public health research institutions operated by nonprofit corporations organized under the laws of this state, in existence on or for which a permit was authorized before January 1, 1958. Any building or structure in connection with such use shall not be located less than twice the specified distance from any lot line, subject to the same regulations as for educational uses. The Planning Commission shall determine on-site parking requirements based on good standard practice for the size and type of activity. [Amended 6-16-1993 by L.L. No. 4-1993]
	(5)	Public uses. Federal, state, county or municipal buildings or uses, except any such use as is customarily conducted as a gainful business.
	(6)	Nursery schools. Duly licensed nursery schools for not to exceed 30 children, provided that at least 1,000 square feet of outdoor play area for each five children or fraction thereof is provided, located on the premises at such a distance and so screened from any lot line and from any residential structure on an adjoining lot as to avoid a noise nuisance.
	(7)	Agricultural uses. Nurseries, truck gardens, greenhouses and similar agricultural uses, provided that no greenhouse or other accessory building shall be located within the specified distance of any side or rear lot line and that there shall be no sale of products not growing or grown on the premises and not more than one unilluminated sign not over six square feet in area located behind the required front yard line.
	(8)	Railroad passenger stations and electric substations for local service only.
	(9)	Temporary real estate sales office in connection with a subdivision containing 10 or more lots, located only on part of the property being or to be subdivided. Any such structure shall be removed six months after either the last lot in the subdivision shall have been sold or all required improvements shall have been completed whichever is earlier.
	(10)	Religious headquarters offices. In R-1 and R-2 Districts only, headquarters offices of religious organizations on sites of 20 acres or more, provided there shall not be more than five employees per acre nor more than an equal number of visitors, provided that not more than 10% of the lot shall be covered by buildings or otherwise used as headquarters offices of religious organizations, and provided that no building or parking area shall be located within the specified distance of any lot line, except that the Planning Commission may permit the limited use of existing buildings within the specified distance of any lot line if such limited use will have no material adverse effect on adjoining property.
	(11)	Parking lot or parking garage. In RT Districts as the sole or secondary use, the storage or parking of private passenger vehicles of residents of other lots, only when found by the Planning Commission to be essential to the public interest, as evidenced by pressing need for off-street parking facilities. Such parking lot or parking garage use may be permitted to provide satellite parking for nonconforming public commercial restaurants, subject to the same finding of essential need. [Amended 7-17-1985 by L.L. No. 5-1985]
	(12)	Religious uses. Churches and other places of religious worship.
	(13)	Residential care facility uses. A residential care facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision to 10 or fewer mentally, emotionally, physically or socially disabled persons or for persons in need of supervision or juvenile delinquents, provided that: [Added 10-4-1978 by Ord. No. 3-1978]
		(a)	A minimum site of 0.5 acres shall be provided, with the following minimum yards: front yard, 35 feet; rear yard, 60 feet; side yard, 30 feet; and a total of two side yards, 80 feet. All other area, height and miscellaneous regulations shall be the same as required for a single-family residence in the district in which it is located.
		(b)	Any building to be erected, converted or occupied shall maintain the appearance of a single-family residence when located in a residence district and in any district shall be compatible with the existing architectural character of the area.
		(c)	The applicant has presented a set of regulations, which shall apply to all employees, residents, visitors and guests, covering, at a minimum, all outdoor activities and those indoor activities that are likely to adversely affect neighboring properties if not properly limited and supervised.
		(d)	A soundproof indoor recreation room shall be provided for activities such as but not limited to Ping-Pong and games, and for the use of sound reproduction or amplification equipment.
		(e)	An outdoor recreation area, designed appropriately, developed and maintained for outdoor recreation use, shall be provided in accordance with the following standards:
			[1]	Required area.
				[a]	For each resident under 12 years of age: 200 square feet.
				[b]	For each resident between 12 and 17 years of age: 300 square feet.
				[c]	For each resident 18 years of age or older: 150 square feet.
			[2]	Such area shall be of such a grade and dimensions as to be, in fact, usable for recreation, with at least 75% of the area having a grade of less than 5% and with no dimensions less than 20 feet, and shall be located conveniently to a building entrance other than the main entrance and shall be outside of the required front yard.
			[3]	Such area shall be screened from the view of the street and abutting residentially zoned property to a minimum height of six feet when installed, so as to provide both visual and sound screening.
		(f)	There shall be sufficient on-site laundry equipment to accommodate the needs of the facility, and there shall be no outdoor drying of laundry.
		(g)	An enclosed trash storage area of adequate size shall be provided.
		(h)	Any on-site parking required or proposed shall be laid out in accordance with the following standards:
			[1]	Such parking area shall be so laid out as to ensure that no parking will be permitted on any portion of any access driveway located within the required front yard.
			[2]	Such parking area shall be screened from the view of the street and abutting residentially zoned property to a minimum height of six feet when installed, so as to provide both visual and sound screening.
		(i)	The site shall bear the following relationship to other existing or proposed residential care facilities:
			[1]	Not closer than 1,000 feet, such measurement to be the length of the shortest line that can be drawn between the perimeter of the sites.
			[2]	Not more than one facility in any block.
			[3]	Not more than one facility per each 179 existing dwelling units in the planning areas, as defined by the Rye City Development Plan, in which the facility will be located, which shall be calculated by dividing the number of existing dwelling units by 179 and rounding off to the nearest whole number.
		(j)	The Planning Commission may waive or modify the requirements of Subsection (13)(d) and (e) where it finds it is appropriate, and further the Planning Commission may modify the side yard requirements of Subsection (13)(a) for an existing building, but in no case shall the side yard requirements be reduced below the minimum required in an R-2 Single-Family Residence District.
	(14)	Adaptive reuse of historic buildings. For a building designated as a protected structure pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye, and listed on the National Register of Historic Places, the Planning Commission may permit the following uses: [Added 3-18-1992 by L.L. No. 4-1992; amended 6-16-1993 by L.L. No. 6-1993]
		(a)	Use of the building as an auxiliary facility to an existing museum, operated as a nonprofit educational corporation in the City of Rye, for offices, accessory space for library, conservation, storage of historic artifacts and caretaker's quarters, provided that said use is the sole use of the building and site, and further provided that a certificate of appropriateness is also obtained from the Board of Architectural Review pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye. The Planning Commission shall determine on-site parking requirements based on good standard practice for the size and type of activity.
		(b)	For a building designated as a protected structure pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye, which is part of a district listed on the National Register of Historic Places, and owned by a nonprofit organization, the Planning Commission may permit use of such building and its site as an historical, educational and/or cultural facility, including uses such as meeting rooms and classrooms, office space for not-for-profit organizations, museum, exhibition, library and archival space, gift shop space, kitchen facilities and apartments, and the Planning Commission may permit use of such building and its site as an environmental education and visitor center, including laboratory, library and exhibition space, classrooms and meeting rooms, gift shop space, kitchen facilities and apartments, provided that a certificate of appropriateness is also obtained from the Board of Architectural Review pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye. The Planning Commission shall determine on-site parking requirements based on good standard practice for the size and type of activity and may permit the required parking that cannot be provided on the site to be provided on an abutting site or other reasonably nearby site.
	(15)	R-2 senior living facilities. In the R-2 District,, an age-restricted, multifamily residential facility in a campus setting providing a variety of housing types, including, but not limited to: independent living units, assisted living facilities, ambulatory services, and domiciliary care facilities, with healthcare support, including but not limited to availability of accessible units and assistance for residents with activities of daily living, and including other appropriate ancillary and accessory uses typically found in senior residential communities, including, but not limited to, communal space, associated office space, equipment storage, residences for staff, support facilities, food preparation and service facilities, provided that:
		(a)	Residents of R-2 senior living facilities shall be limited to: i) a single person 55 years of age or older; ii) two or three persons, all of whom are 55 years of age or older; iii) a married couple, live-in companion, or partner, one of which is 55 years of age or older; iv) the surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; and v) one adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.
			[1]	Notwithstanding the foregoing, up to four dwelling units within the community may be set aside to be occupied by a superintendent, building manager, or other staff member and their family, to which the limitations on occupancy set forth above shall not apply.
			[2]	Persons under the age of 55 not specifically permitted to be occupants shall not be permitted to be permanent residents of dwelling units. For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks or in excess of 30 days in any calendar year, or has listed the residence as an abode for any purpose whatsoever, including, but not limited to, enrollment in public or private schools. Temporary occupancy by guests of families shall be permitted, provided that such occupancy does not exceed a total of 30 days in any calendar year.
			[3]	The limitations on occupancy shall be included in the marketing materials for the development as well as within the rules and regulations or terms of any leases, bylaws or covenants and restrictions for the development. Violations of the limitations on occupancy shall be enforceable by the City of Rye Building Inspector against the owner or lessee or the agent of any of them and shall be punishable by a fine of $250 per day or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Exceptions to these regulations shall be granted if any limitations are determined to be in violation of any state or federal law.
			[4]	The Planning Commission shall have the right to require that the owner execute agreements and covenants as it may deem to be required during any site plan approval process as it may reasonably deem to be required to ensure compliance with the stated intent of this section. Said agreements or covenants shall be recorded in the office of the Westchester County Clerk and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council.
		(b)	The site for an R-2 senior living facility shall have a minimum of 50 contiguous acres.
		(c)	The floor area ratio shall not exceed 0.43.
		(d)	Lot building coverage shall not exceed 15%, and total impervious coverage shall not exceed 33%.
		(e)	Building height shall not exceed four stories or 55 feet. Where proposed buildings are set back at least 240 feet from all the property lines and wholly located within an area of said setback that can contain a horizontal square with 200-foot sides, the permitted maximum building height may be increased to five stories and 65 feet. No building within 400 feet of Osborn Road shall exceed three stories or 45 feet in height.
		(f)	There shall be a minimum yard requirement of 160 feet for front yards and a minimum yard requirement of 160 feet for side and rear yards.
			[1]	Where an R-2 senior living facility adjoins or is located across the street from a single-family residence or school, the required yard shall be planted and maintained with appropriate landscaping in keeping with the existing setting so as to provide effective visual screening, and shall contain no buildings or storage. Nothing in this chapter shall prohibit the placement of stormwater management facilities, sidewalks, gardening and passive recreation features, and/or access drives within the required minimum yard.
			[2]	The minimum yard requirement from Osborn Road shall be 300 feet.
			[3]	Where an R-2 senior living facility adjoins or is located across the street from a use other than a single-family residence, senior citizens apartment (RA-5 District), or school, required yard setbacks may be reduced to no less than 100 feet, provided that the maximum permitted area of the encroachment of the structure into this reduced setback shall be no more than 30% of the total area between each yard line and the standard 160-foot setback. Notwithstanding the foregoing, for all new buildings and structures, a minimum setback of 160 feet shall be maintained from Old Boston Post Road.
			[4]	The provisions of § 197-52 shall not apply to R-2 senior living facilities.
		(g)	Notwithstanding the provisions of the foregoing Subsection (15)(f), new parking areas and roadways may be located in required yards, but in no case shall a parking area or nonaccess roadway be located closer than 40 feet to a property line, 100 feet to a property line bordering Boston Post Road or Old Post Road, or 240 feet to a property line bordering Osborn Road. Any parking areas facing Boston Post Road, Old Post Road, or Osborn Road shall be screened from those roadways with evergreen plantings.
		(h)	There shall be a minimum distance of 20 feet between all buildings. Notwithstanding the foregoing, buildings may be connected by exterior paved pathways or interior corridors. The provisions of § 197-70 shall not apply to R-2 senior living facilities.
		(i)	For independent living units in R-2 senior living facilities, the minimum amount of residential floor area in each unit shall be 750 square feet for one-bedroom units, 900 square feet for two-bedroom units, and 1,100 square feet for three-bedroom units. For assisted living units, the minimal amount of residential floor area shall be 200 square feet. The provisions of § 197-44B shall not apply to R-2 senior living facilities.
		(j)	On any lot used for an R-2 senior living facility, at least 60% of the property shall be preserved as open space. The provisions of § 197-68 shall not apply to R-2 senior living facilities.
		(k)	Off-street parking for R-2 senior living facilities shall be provided as follows:
			[1]	For independent living units: 1.0 space per dwelling unit.
			[2]	For assisted living, skilled nursing, nursing home, and memory care facilities: 0.25 space per bed.
		(l)	The provisions of Chapter 197, Attachment 1, entitled "Table A: Residence Districts" shall not apply to R-2 senior living facilities.
		(m)	The provisions of § 197-8A and C shall not apply to R-2 senior living facilities.
		(n)	Notwithstanding any of the foregoing, any building, structure or use existing on the effective date of this section which does not conform to the provisions of this section may be continued subject to the requirements of Article III of this chapter.
RA-1 Districts
	(1)	As permitted in RT Districts.
	(2)	Moderate-income housing on properties fronting Cottage Street or Theodore Fremd Avenue. [Added 6-12-2002 by L.L. No. 3-2002]
		(a)	Any buildings erected or converted for moderate-income housing shall conform to all bulk and dimensional requirements for one single-family dwelling in the RA-1 Zoning District, except that:
			[1]	Any required rear yard abutting an interstate highway may be no less than five feet;
			[2]	The floor area ration shall be no greater than 1.0;
			[3]	The provisions of §§ 197-23 and 197-52 shall not apply; and
			[4]	The minimum size of lot per family or equivalent shall be no less than 2,500 square feet.
		(b)	"Moderate-income housing" shall mean residential dwelling units in which at least 85% of the units are available at below-market rates and the purchasers of the units shall have an income of no more than 80% of the Westchester County AMI (area median income) adjusted for household size as published by the U.S. Department of Housing and Urban Development.
RA-2 and RA-3 Districts
	(1)	As permitted in RT Districts.
	(2)	Social clubs and lodges except where chief activity is conducted primarily for gain.
	(3)	Medical offices. On property fronting on Purchase Street, Cedar Street, Boston Post Road or Theodore Fremd Avenue, medical offices for physicians or (continued on page 19770.3) dentists exclusive of bed care of patients. Any building erected or converted shall conform to all requirements for residential structures.
	(4)	Offices. On property fronting on Purchase Street between the Cedar-Highland intersection and the New Natoma intersection and on property fronting on the east side of Boston Post Road between Cross Street and Purchase Street, offices for clerical, administrative, professional and agency uses.
RA-4 Districts
	(1)	As permitted in RT Districts.
	(2)	Variable height apartment developments. Groups of apartment houses varying in height, but with no building exceeding 45 feet, subject to the special requirements in § 197-13.
RA-5 Districts [Added 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984]
RA-6 Districts [Added 12-2-2015 by L.L. No. 1-2016]
	(Reserved)
RFWP Districts [Added 11-18-1981 by L.L. No. 9-1981]
	(Reserved)
LPD-A District [Added 6-15-83 by L.L. No. 5-1983]
	(Reserved)

TABLE OF REGULATIONS: TABLE A
RESIDENCE DISTRICTS-USE REGULATIONS Column 3 Permitted Accessory Uses (Subject to the requirements and provisions of § 197-9)
R-1, R-2, R-3, R-4, R-5, R-6, RS and RT Districts
	(1)	Agriculture and greenhouses. Agriculture, truck gardens and greenhouses accessory to residences or institutions, provided that any greenhouse heating plant is at least 20 feet from any lot line and operated without objectionable air pollution, fertilizer is stored at least 50 feet away from any lot line and no retail sales are conducted on the premises.
	(2)	Garages and stables. A one- or two-story garage on the same lot with or in the main building and in which no business or industry is conducted.
	(3)	Boarders and roomers. Renting by a resident family of one or two rooms to a maximum of two nontransient boarders or roomers, provided no sign shall be displayed and no separate cooking facilities shall be maintained in such rooms.
	(4)	Professional occupation. Office accessory to the residence of a doctor, dentist, musician, teacher, lawyer, artist, architect, City planner, engineer or other member of a recognized profession, provided that not more than one assistant nonresident on the premises shall be employed upon the premises.
	(5)	Home occupations. Telephone answering services and customary home occupations, such as dressmaking, millinery, hairdressing, manicuring, laundering, preserving and home cooking, conducted solely by and employing only a person or persons resident on the premises. Such use shall not be carried on in an accessory building and shall not occupy more than 1/2 of the area of one floor nor more than 1/2 of the area of one dwelling unit, and only customary home equipment shall be used, except telephone answering services may employ only such specialized equipment as can be and is operated without annoyance to occupants of the same or other premises by reason of sound or light.
	(6)	Piers and boathouses. Piers, wharves, boathouses and similar facilities for the berthing, maintaining and storage of recreational small craft or other recreational use of the residents of a one- or two-family house and facilities for berthing of boats of their guests, provided no activity is carried on for gain.
	(7)	Other accessory uses. Other accessory uses or structures customarily incidental to any permitted use. Outside storage of boats, boat trailers and automobile trailers or house cars in residence districts is prohibited unless the boats, boat trailers and automobile trailers or house cars are owned by the occupants of the property used for storage, and provided that such storage is not within the front yard of the property nor a yard abutting a street. Such storage in said front yard or yard abutting a street may be permitted by the Board of Appeals if the Board finds that storage elsewhere on the premises would create a practical difficulty or unnecessary hardship, and storage in said front yard or yard abutting a street is not within the vision of motorists in a manner to create a traffic hazard. [Amended 9-18-1985 by L.L. No. 9-1985]
	(8)	Parish houses and buildings for religious use on the same lot or on a separate lot within 300 feet of the permitted main use, and the use of such buildings by community organizations for social activities and events, provided the Planning Commission finds that such community use satisfies the provisions of § 197-10A(1) through (6) of this chapter.
	(9)	Outdoor tennis courts, paddle courts, racquet courts and other similar courts and swimming pools, accessory to and on the same lot with a single- or two-family residence, are subject to the following limitations: [Added 12-5-1979 by Ord. No. 7-1979]
		(a)	Outdoor tennis courts, paddle courts, racquet courts and other similar courts shall:
			[1]	Not be located in a required front yard.
			[2]	Be set back from side and rear property lines at least 20 feet in R-1 Districts and 15 feet in all other districts.
			[3]	Be screened, including accessory equipment, from the view of the street and abutting residentially zoned properties along the side and rear property lines. Such screening shall be reviewed and approved by the Board of Architectural Review pursuant to §§ 53.3 and 53.4 and the standards contained therein before a permit may be issued. [Amended 12-1-1982 by L.L. No. 12-1982]
			[4]	Have no night lighting.
			[5]	Not have fence heights in excess of the fence heights normally permitted, except that fences not exceeding a height of 10 feet above the average natural grade, which are open mesh and are set back and screened as required for the above courts, are permitted and may be equipped with the customary attached windbreaks.
		(b)	Outdoor swimming pools, including accessory equipment shall: [Amended 12-1-1982 by L.L. No. 12-1982; 2-16-2022 by L.L. No. 4-2022]
			[1]	Not be located in a required front yard.
			[2]	Be set back, including accessory equipment, from side and rear property lines at least 20 feet in R.1 Districts and 15 feet in all other districts.
			[3]	Be screened, including accessory equipment, from the view of the street and abutting residentially zoned properties along the side and rear property lines. Such screening shall be reviewed and approved by the Board of Architectural Review pursuant to §§ 53-3 and 53-4 and the standards contained therein before a permit may be issued.
			[4]	Be completely surrounded by fences, freestanding walls and/or the walls of a building containing no doors, at least four feet high above grade at all points, and each gate or door opening through the fence or freestanding wall shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times and shall be locked when the pool is not in actual use.
			[5]	Have no floodlighting, directly or indirectly, and all other lighting shall be arranged and shaded as to reflect light away from adjoining premises or a public street.
			[6]	Be located at least 25 feet away from any septic tank and its fields.
	(10)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, subject to the following limitations: [Added 12-18-1985 by L.L. No. 17-1985]
		(a)	Filming shall also be subject to the requirements of Chapter 93 of this Code.
		(b)	The number of days of filming shall be limited to not more than six days in any 12 consecutive months. [Amended 2-15-1989 by L.L. No. 2-1989]
		(c)	All activity related to filming shall be limited to the hours of 7:00 a.m. to 9:00 p.m. [Amended 2-15-1989 by L.L. No. 2-1989]
		(d)	Filming in excess of the limitations of Subsection (10)(b) and (c) above shall be subject to approval by the Board of Appeals as provided for in § 197-82L of this Code.
RA-1 Districts
	(1)	As permitted in RT Districts.
RA-2 -Districts
	(1)	As permitted in RT Districts.
RA-3 Districts
	(1)	As permitted in RT Districts.
	(2)	Professional occupations with limitation of not more than three assistants not resident on the premises.
	(3)	Home occupations with not more than two employees not resident on the premises and not occupying more than 1/2 the area of the dwelling unit.
	(4)	Dining rooms, newsstands, barbershops, beauty parlors and other such uses accessory to hotels and lodging houses, provided there is no exterior display or advertising except for one announcement sign not over six square feet in area for all such uses and provided such uses shall have no immediate or independent access from the street.
RA-4 Districts
	(1)	One-story garages on the same lot with or in the main building and in which no business or industry is conducted.
	(2)	Piers, wharves, boathouses and similar facilities for the berthing, maintaining and storage of recreational small craft or other recreational use of the residents and facilities for berthing of boats of their guests, provided no activity is carried on for gain.
	(3)	Other accessory uses or structures customarily incidental to any permitted main use. Outside storage on land of boats and boat trailers is prohibited.
	(4)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, subject to the following limitations: [Added 12-18-1985 by L.L. No. 17-1985]
		(a)	Filming shall also be subject to the requirements of Chapter 93 of this Code.
		(b)	The number of days of filming shall be limited to not more than 15 days in any 12 consecutive months.
		(c)	Filming shall be limited to the hours of 6:00 a.m. to 10:00 p.m.
		(d)	Filming in excess of the limitations of Subsection (4)(b) and (c) above shall be subject to approval by the Board of Appeals as provided for in § 197-82L of this Code.
RA-5 Districts [Added 4-21-82 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984]
	(1)	The filming of movies, commercials, documentaries, serials, shows. performances or other similar events and activities, including still photography, as regulated in RA-4 Districts. [Added 12-18-1985 by L.L. No. 17-1985]
RA-6 Districts [Added 12-2-2015 by L.L. No. 1-2016]
	(1)	Off-street parking facilities, subject to the requirements and provisions of § 197-8.1.
	(2)	Other accessory uses or structures customarily incidental to any permitted main use, including active and passive recreational facilities (i.e., fitness center, pool, library, media room, storage areas, etc.) for the use of the residents of the principal structure. Outside storage on land of boats and boat trailers is prohibited.
	(3)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, as regulated in RA-4 Districts.
RFWP Districts [Added 11-18-1981 by L.L. No. 9-1981]
	(1)	Outdoor tennis courts, paddle courts, racquet courts and other similar courts and swimming pools accessory to and on the same lot with a permitted main use for the common use of all residents on the lot, subject to the same requirements as apply to such accessory uses in R-1 and R-2 Districts; for lots previously zoned R-1, the R-1 standards shall apply, and for lots previously zoned R-2, the R-2 standards shall apply, and, in addition, there shall also be a six-foot-high opaque fence between the required landscaping strip and the accessory use.
	(2)	Garages. One-story garages in main buildings and in which no business or industry may be conducted.
LPD-A District [Added 6-15-1983 by L.L. No. 5-1983]
	(1)	A clubhouse and outdoor tennis courts, paddle courts, racquet courts and other similar courts and swimming pools accessory to and on the same lot with permitted main uses for the common use of all residents on the site.
	(2)	Garages. One-story garage building or buildings detached from the Jay Mansion and Carriage House and for the residents thereof, but not to exceed one garage parking space for each dwelling unit.[1]

TABLE OF REGULATIONS: TABLE B BUSINESS DISTRICTS-USE REGULATIONS Column 1 Permitted Main Uses
B-1 Neighborhood Business Districts [Amended 1-21-1959; 7-20-1960; 4-1-1964 by Ord. No. 6-1964; 6-18-1968 by Ord. No. 3-1968; 7-15-1987 by L.L. No. 7-1987]
	(1)	Main uses permitted in RT Districts and as limited therein. (See Column 1 of Table A.)
	(2)	Banks on properties fronting on Boston Post Road between Purchase Street and Peck Avenue. [Amended 7-20-2005 by L.L. No. 2-2005; 12-14-2005 by L.L. No. 6-2005]
	(3)	Full-service restaurants: an establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers where the customer consumes these foods while seated at tables or counters located within the building, orders are generally taken at the customer's table and are generally served to a customer by a restaurant employee and on a lot having frontage on an arterial highway or a county road as designated on September 1, 1958, and more than 150 feet from a residence district. See § 197-86, Uses Permitted Subject to Additional Standards and Requirements in B-1 Districts for fast-food restaurants. [Amended 5-20-1992 by L.L. No. 11-1992]
	(4)	Offices for clerical, administrative, professional and agency uses, subject to the following limitations:
		(a)	In new and existing buildings, to include permitted additions thereto, on properties fronting on Cottage Street, Purchase Street north of Blind Brook Lane, North Street west of the New York State Thruway and Theodore Fremd Avenue southwest of its intersection with Hammond Road. [Amended 4-21-1993 by L.L. No. 3-1993]
		(b)	In existing buildings only, to include permitted additions thereto, on properties fronting on High Street, Theodore Fremd Avenue northeast of Orchard Avenue, Locust Avenue, Elm Place, Smith Street, Boston Post Road north of Central Avenue, the southerly side of Blind Brook Lane and Purchase Street south of Blind Brook Lane.
		(c)	Any existing building to be converted shall conform to all requirements of residential structures.
	(5)	Retail business and services conducted solely within a building and dealing directly with the ultimate consumer on the premises, except those subject to additional standards and requirements in Column 2.
	(6)	Garages and parking lots for not more than five motor vehicles.
	(7)	Electric substations for local service only.
	(8)	In B-1 Neighborhood Business Districts completely surrounded by residentially zoned property or abutting residentially zoned property and a City recreational facility, business operation is limited to the hours of 7:00 a.m. to 9:30 p.m., except where such regulation is preempted by state law or regulation. [Added 10-18-1989 by L.L. No. 9-1989]
	(9)	Second-floor dwellings. Dwelling units on the second floor of a building where the first floor contains a nonresidential main use, subject to the following requirements and limitations: [Added 6-15-2005 by L.L. No. 1-2005]
		(a)	The residentially used portion of the building shall have an entrance or entrances which do not require access through any nonresidentially used area, other than a lobby or other common area.
		(b)	Parking for the underlying permitted nonresidential main use shall comply with the off-street parking requirements specified in § 197-28. If the underlying nonresidential main use complies with the parking requirements of § 197-28, and if two or fewer dwelling units are provided on the second floor, then no additional parking shall be required, but if more than two dwelling units are provided on the second floor, then one parking space shall be provided for each dwelling unit in excess of two dwelling units.
		(c)	The buildings and structures housing a mixed use pursuant to this Subsection (9) shall follow the regulations for "All other main buildings" in the Table of Regulations: Table B, Business Districts, Area, Yard, Height and Miscellaneous Regulations.
B-2 Central Business Districts [Amended 1-21-1959; 6-16-1976 by Ord. No. 8-1976; 8-21-1985 by L.L. No. 7-1985; 7-15-1987 by L.L. No. 7-1987]
	(1)	Nonresidence main uses permitted in B-1 Districts without restrictions as to location and conversions of existing buildings, except that offices for clerical, administrative, professional and agency uses shall not be located on the first floor of a building within the A Parking District, and banks shall not be permitted on the first floor of a building in the B-2 Central Business District, except where approved by the City Council pursuant to § 197-15. [Amended 7-20-2005 by L.L. No. 2-2005; 12-14-2005 by L.L. No. 6-2005; 10-22-2014 by L.L. No. 7-2014]
	(2)	Lodging houses and hotels, excluding motels.
	(3)	Dwelling units. Any number of dwelling units, except on the first floor, unless the Planning Commission finds that the first-floor units are in an existing building currently with first-floor dwelling units; located on Purchase Street; in the A Parking District; and at least 55 feet from Purchase Street; and provided that a structure with six or more dwelling units shall be subject to the requirements of § 197-7. [Amended 2-15-1995 by L.L. No. 2-1995]
	(4)	Amusement places entirely indoors, including theaters, clubs, billiard rooms and places of assembly, except those subject to additional standards and requirements in Column 2.
B-3 Beach Business Districts
	(1)	Main uses permitted in RT Districts and as limited therein (see Column 1 of Table A).
	(2)	Restaurant or lunchroom excluding window-counter stands, drive-in car service stands and any outdoor service, except table service back to the required front yard line.
B-4 Office Building Districts
	(1)	Nonresidence main uses permitted in R-2 Districts and as limited therein (see Column 1 of Table A). [Amended 7-20-1960]
	(2)	Physical fitness facility. This use shall be limited to properties having frontage on Theall Road. [Added 7-17-2019 by L.L. No. 4-2019]
B-5 Interchange Office Building Districts [Amended 9-18-1957; 7-20-1960; 4-7-1982 by L.L. No. 6-1982]
	(1)	Nonresidence main uses permitted in R-2 Districts and as limited therein (see Column 1 of Table A).
B-6 General Business Districts [Amended 2-20-1957; 1-21-1959; 5-20-1987 by L.L. No. 4-1987]
	(1)	Automotive uses. Garages, parking lots for not more than five motor vehicles and repair garages.
	(2)	Storage establishments enclosed within a roofed building.
	(3)	Public transportation and utilities. Railroad yards and freight stations, bus storage and repair garages and open storage of equipment, coal, wood, lumber, new building materials or other similar storage yards, excluding storage of junked or salvaged materials, wrecking or dismantling of motor vehicles or storage of inoperable motor vehicles, and provided that such permitted storage operations are effectively screened from view of adjoining property in a residence district and are operated with reasonable regard for order and sightliness, and all dust, dirt and noise incident to such storage and handling are effectively confined to the premises.
	(4)	Service business, such as plumbing, roofing or electrical shops, provided that all operations and materials are enclosed within a roofed building.
	(5)	Similar uses. Any other building, use or service similar to the uses herein specified in the type of operations performed, in the number of cars, trucks or persons attracted to the premises and in the effect upon adjacent areas in more restrictive districts.
B-7 Waterfront Business Districts
	(1)	Nonresidence main uses permitted in R-5 Districts and as limited therein (see Column 1 of Table A). [Added 3-18-1964 by Ord. No. 2-1964]

TABLE OF REGULATIONS: TABLE B BUSINESS DISTRICTS-USE REGULATIONS Column 2 Uses Permitted Subject to Additional Standards and Requirements (Subject to the requirements and provisions of § 197-10)
B-1 Neighborhood Business Districts [Amended 2-20-1957; 7-21-1965 by Ord. No. 2-1965; 3-5-1986 by L.L. No. 3-1986; 7-15-1987 by L.L. No. 7-1987]
	(1)	Garages for more than five motor vehicles and filling stations without canopies, subject to limitations as to maximum size or capacity.
	(2)	Garages and parking lots for more than five motor vehicles and filling stations without canopies.
	(3)	Accessory electric motors exceeding three horsepower per motor.
	(4)	Government-owned and -operated outdoor amusement places only if at least 200 feet from any residence district and other government-owned and -operated indoor amusement activities, provided that soundproofing is deemed by the Commission adequate to eliminate adverse effect.
	(5)	Lodging houses.
	(6)	Uses permitted subject to additional standards and requirements in RT Districts, without the special limitations and requirements specified in Table A, to the extent that the Commission finds such requirements to be unnecessary, except private recreational uses, nursery schools, agricultural uses, railroad passenger stations and electric substations, temporary real estate sales offices and religious headquarters offices.
	(7)	Outdoor sales of seasonal goods other than motor vehicles, under temporary permits.
	(8)	Service business offices, such as woodworking, plumbing, roofing or electrical, including necessary shop and material storage facilities, provided that all materials and all operations, including loading of trucks for service calls and overnight truck parking, are enclosed within a building, provided that the building exterior conforms to the character of retail business and other permitted uses and structures in the vicinity and provided that the operations are conducted at a level of noise and other effects consistent with such character.
	(9)	Social clubs and lodges, except where a chief activity is conducted primarily for gain.
	(10)	In B-1 Neighborhood Business Districts completely surrounded by residentially zoned property or abutting residentially zoned property and a City recreational facility, business operation is limited to the hours of 7:00 a.m. to 9:30 p.m., except where such regulation is preempted by state law or regulation. [Added 10-18-1989 by L.L. No. 9-1989]
	(11)	Fast-food restaurants: an establishment that offers quick service of packaged foods for consumption in the building and for carry-out, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly or heated in a device such as a microwave oven. In addition, orders are not generally taken at the customer's table and not generally served to a customer by a restaurant employee at the same table or counter where the items are consumed, and where food is generally served in disposable wrapping or containers and on a lot having frontage on an arterial highway or a county road as designated on September 1, 1958, and more than 150 feet from a residence district. This category of restaurants also includes any restaurant with drive-up or drive-through service facilities. [Added 5-20-1992 by L.L. No. 11-1992]
	(12)	(Reserved)[2]
	(13)	(Reserved)[3]
	(14)	Dwelling units housing three or more families on one lot fronting on Boston Post Road between Purchase Street and Purdy Avenue, except for those properties also fronting on Purdy Avenue. [Added 7-17-1996 by L.L. No. 6-1996]
	(15)	Physical fitness facility. This use shall be limited to properties having frontage on the west side of Boston Post Road between Orchard Avenue and Library Lane. [Added 7-17-2019 by L.L. No. 4-2019]
B-2 Central Business Districts [Amended 7-15-1987 by L.L. No. 7-1987]
	(1)	Uses permitted subject to additional standards and requirements in B-1 Districts and as limited therein, except that physical fitness facilities shall not be permitted in the B-2 District. [Amended 7-17-2019 by L.L. No. 4-2019]
	(2)	Terminals for buses or other transportation of persons, for community service only.
	(3)	Outdoor amusement places only if at least 200 feet from any residence district: bowling alleys and other noisy indoor amusement activities, provided that soundproofing is deemed by the Commission adequate to eliminate adverse effect.
	(4)	Uses permitted subject to additional standards and requirements in RT Districts and as limited therein.
	(5)	Social clubs and lodges, except where a chief activity is conducted primarily for gain.[4]
B-3 Beach Business Districts
	(1)	Uses permitted subject to additional standards and requirements in RA-3 Districts and as limited therein (see Column 2 of Table A). [Amended 7-20-1960]
	(2)	Parking lots. A commercial parking lot back of the required front yard line, after approval of the layout, the design of access drives, the proposed method of surfacing and drainage and such other conditions as it may in the public interest impose, such permit to be revocable by the Building Inspector upon failure of the operator to maintain the premises in accordance with its provisions.
	(3)	Apartments. A detached residence for three or more families or housekeeping units or a group of buildings housing three or more families or housekeeping units on one lot, subject to the provisions of §§ 197-7 and 197-8 and all &her applicable apartment use regulations of this chapter, and subject to the density and dimensional regulations that apply to apartments in RA-2 Districts, except that for dwelling units containing only one bedroom, the minimum lot area per dwelling unit may be reduced to 3,000 square feet, and for dwelling units containing three or more bedrooms, it shall be increased to 4,000 square feet, and that the maximum percentage of the lot that may be covered by buildings, parking areas and vehicular drives shall be 35% and the minimum lot size shall be six acres. [Amended 5-1-1969 by Ord. No. 1-1969]
B-4 Office Building Districts
	(1)	Uses permitted subject to additional standards and requirements in R-2 Districts and as limited therein (see Column 2 of Table A).
	(2)	Office buildings to accommodate, as principal users, executive, administrative, clerical, professional or scientific staffs of business or professional organizations, together with accessory uses incident thereto.
B-5 Interchange Office Building Districts [Added 9-18-1957; amended 4-7-1982 by L.L. No. 6-1982; 11-6-1985 by L.L. No. 14-1985; 5-17-1989 by L.L. No. 7-1989]
	(1)	Uses permitted subject to additional standards and requirements in B-4 Districts and limited therein.
	(2)	Hotels, excluding motels.
	(3)	Medical offices for physicians or dentists, exclusive of bed care of patients. Said offices shall comply with all dimensional regulations applicable to office buildings within the B-5 District and shall have a minimum parking requirement of 5.0 parking spaces per 1,000 square feet of gross floor area [Added 1-6-2021 by L.L. No. 1-2021]
	(4)	Self-storage, provided the following criteria are met: [Added 1-6-2021 by L.L. No. 1-2021]
		(a)	Signage must comply with all elements of the Rye Sign Ordinance (Chapter 165). No signage, other than necessary directional or minor signage, may face a local or county road.
		(b)	Unless expressly provided otherwise, self-storage uses shall comply with all other dimensional requirements applicable to office buildings within the B-5 District.
		(c)	No self-storage use shall exceed 2/3 of the usable floor area of any existing or proposed building within the B-5 District.
		(d)	Self-storage facilities shall not be constructed to appear industrial in nature or out of keeping with the character of the surrounding neighborhood.
		(e)	Self-storage facilities shall have a minimum parking requirement of 0.25 parking space per 1,000 square feet of gross floor area.
		(f)	All rental contracts for self-storage shall include clauses prohibiting the storage of flammable liquids and highly combustible, radioactive or explosive materials, hazardous chemicals, or substances considered illegal under state or federal statutes. All rental contracts for storage units must contain the following clause, or one substantially similar: "The storage unit will not be used for any unlawful purpose nor will Tenant keep in the storage unit any explosives, highly flammable materials, hazardous goods, toxic materials, or substances whose storage or use violates the law."
	(5)	Duly licensed daycare and child-care facilities, which shall comply with all dimensional regulations applicable to office buildings within the B-5 District, and shall have a minimum parking requirement of 4.0 parking spaces per 1,000 square feet of gross floor area. [Added 1-6-2021 by L.L. No. 1-2021]
	(6)	Light finishing or assembling of products within a fully enclosed building, subject to the following requirements: [Added 1-6-2021 by L.L. No. 1-2021]
		(a)	Manufacturing shall not be permitted. Machinery used shall be incidental to the assembly or finishing of products. For purposes of this section, manufacturing uses are those that are engaged in basic processing of materials from extracted or raw materials. Manufacturing uses differ from finishing or assembling uses in their size, scale, traffic, intensity of energy usage, and pollution potential.
		(b)	No outside storage of equipment, materials, or finished products shall be permitted.
		(c)	Light finishing and/or assembling facilities shall have a minimum parking requirement of 2.0 parking spaces per 1,000 square feet of gross floor area.
		(d)	The use shall not store, produce, or use in quantities as an integral part of their finishing or assembling use, toxic, hazardous, or explosive materials that will create a hazard or nuisance to neighboring uses or passersby.
		(e)	The Planning Commission shall make a finding that the proposed use in the specific location contemplated will not result in greater impacts to adjoining residence districts than an otherwise permitted office building use.
		(f)	The Planning Commission shall describe the specific light finishing and assembly use, including the size, scope, and potential impacts of any ancillary or accessory uses thereof, being permitted as part of any site plan approval.
		(g)	Any light finishing/assembly facility shall comply with all dimensional regulations applicable to office buildings within the B-5 District.
	(7)	Testing of products, subject to the following requirements: [Added 1-6-2021 by L.L. No. 1-2021]
		(a)	Manufacturing shall not be permitted, and any associated machinery shall be incidental to the testing of products. For purposes of this section, manufacturing uses are those that are engaged in basic processing of materials from extracted or raw materials. Manufacturing uses differ from finishing or assembling uses in their size, scale, traffic, intensity of energy usage, and pollution potential.
		(b)	No outside storage of equipment or materials shall be permitted.
		(c)	Any product testing that occurs outside shall not be visible from a residential district.
		(d)	Testing shall have a minimum parking requirement of 2.0 parking spaces per 1,000 square feet of gross floor area.
		(e)	The use shall not store, produce, or use in quantities as an integral part of their finishing or assembling use, toxic, hazardous, or explosive materials that will create a hazard or nuisance to neighboring uses or passersby.
		(f)	The Planning Commission shall make a finding that the proposed use in the specific location contemplated will not result in greater impacts to adjoining residence districts than an otherwise permitted office building use.
		(g)	Any product testing facility shall comply with all dimensional regulations applicable to office buildings within the B-5 District.
B-6 General Business Districts
	(1)	Limited manufacturing. Treatment, converting, altering, cooking, processing, finishing or assembling use, subject to the following requirements:
		(a)	A finding that the proposed use in the specific location contemplated will have no material adverse effect on adjoining property or upon good use of land in nearby areas or upon desirable living conditions in such residence districts as might be affected.
		(b)	No power except electric motive power shall be used, and no single motor shall exceed three horsepower without specific authorization.
		(c)	No use prohibited in § 197-22 shall be permitted as a main use.
	(2)	Garages and parking lots for more than five motor vehicles and filling stations. [Amended 2-20-1957]
	(3)	Small boat facilities. Structures, docks, wharves, piers and boat basins for the berthing of recreational small craft, and boatyards, storage and repair facilities for the storage, maintenance and servicing of recreational small craft. [Amended 1-21-1959; 6-29-1960]
	(4)	Kennels and veterinary hospitals. Animal hospitals, offices of veterinarians, kennels for dogs and other pets. [Amended 1-21-1959]
	(5)	Accessory uses. Uses accessory to uses subject to additional standards and requirements and retail uses accessory to other permitted uses, exclusive of sale of food or drink for consumption on the premises other than in an accessory dining room limited to employees of the main use. [Amended 1-21-1959; 7-20-1960]
B-7 Waterfront Business Districts [Added 3-18-1964 by Ord. No. 2-1964]
	(1)	Small boat facilities. Structures, docks, wharves, piers and boat basins for the berthing of recreational small craft, and boatyards, storage and repair facilities for the storage, maintenance and servicing of recreational small craft.
	(2)	Marine hardware, fuel and supply sales and services, furnishing commodities or services for recreational small craft or other recreational activities.
	(3)	Public recreational uses. Municipal recreation buildings, playgrounds, parks and reservations.
	(4)	Private recreational uses. Private boating, fishing or game club and appurtenant clubhouses.

TABLE OF REGULATIONS: TABLE B BUSINESS DISTRICTS-USE REGULATIONS Column 3 Permitted Accessory Uses
B-1 Neighborhood Business Districts
	(1)	Accessory uses customarily incident to and on the same lot with a use permitted in this district, subject to the following limitations:
		(a)	Storage, packaging or fabrication only where incidental to the preparation or handling of articles to be sold primarily at retail on the premises, or to the performing of a service primarily for residents of the neighborhood, provided that not more than 25% of the floor area occupied by any establishment shall be devoted to such uses.
		(b)	No power except electric motive power shall be used, and no single motor shall exceed three horsepower without Planning Commission authorization; total power shall not exceed one horsepower for each 1,000 square feet of floor space occupied by the establishment.
		(c)	No use prohibited in B-6 Districts shall be permitted as an accessory use.
		(d)	Accessory gasoline or oil storage aboveground in quantities not exceeding 200 gallons on any lot, nor in excess of 100 gallons within 50 feet of any street or lot line; gas storage in quantities not exceeding 500 cubic feet, or 50 cubic feet if at over 100 pounds' pressure per square inch.
	(2)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, subject to the following limitations: [Added 12-18-1985 by L.L. No. 17-1985]
		(a)	Filming shall also be subject to the requirements of Chapter 93 of this Code.
		(b)	The number of days of filming shall be limited to not more than 15 days in any 12 consecutive months.
		(c)	Filming shall be limited to the hours of 6:00 a.m. to 10:00 p.m.
		(d)	Filming in excess of the limitations of Subsection (2)(b) and (c) above shall be subject to approval by the Board of Appeals as provided for in § 197-82L of this Code.
	(3)	Seasonal outdoor customer seating permit. Upon application to the City Planning Department, the Planning Commission may permit for a period of up to three years seasonal outdoor customer seating and tables on a property and, to a limited degree, extensions onto abutting City property, subject to the following limitations: [Added 7-13-2016 by L.L. No. 2-2016; amended 10-16-2019 by L.L. No. 8-2019
		(a)	The applicant shall submit an application form, plans detailing the area of proposed seasonal outdoor dining and fee as set forth in the fee schedule of the City budget adopted by the City Council.
		(b)	Outdoor customer seating shall only be permitted from April through October and shall require a new permit approved by the Planning Commission after three outdoor dining seasons. During the months of November through March, the tables, chairs and any related equipment must be stored inside of the building or removed from the site.
		(c)	The Planning Commission shall limit the area of outdoor customer seating such that it will not interfere in any way with fire exits or other requirements of the Building Code of New York State.
		(d)	The Planning Commission shall limit the area to be devoted to outdoor customer seating so that it will not interfere with access by the handicapped and shall maintain on any City sidewalk a safe, adequate and unobstructed passageway for pedestrians not less than five feet in clear width from the edge of the outdoor seating area to the nearest obstruction.
		(e)	The outdoor area to be devoted to seasonal outdoor customer seating shall not be considered for the purpose of determining on-site parking requirements.
		(f)	The Planning Commission may impose conditions and requirements as it deems appropriate, including, but not limited to, size and configuration of the outdoor seating area; maximum number of tables and chairs; permitted hours of outdoor seating; type, size and color of tables and chairs; requirements for the daily removal of tables and chairs; limitations on the placement of tables during City-approved outdoor events, and/or standards for cleanliness and removal of debris.
		(g)	The Planning Commission shall not issue a permit if it finds that the proposed outdoor seating would be incompatible with other uses on the property or an abutting property.
		(h)	The Planning Commission may deny the issue of a permit if it finds that during the prior permit period the permit holder violated any condition of the permit, that during the prior permit period the applicant or the property owner provided or permitted outdoor seating without having obtained a permit or that there are outstanding notices of violation concerning the property or the applicant's use.
		(i)	Upon Planning Commission approval and prior to the start of each outdoor dining season, the applicant shall file with the City Building Department an outdoor dining application form and fee as set forth in the fee schedule of the City budget adopted by the City Council. Filing with the Building Department shall only be permitted if there have been no enforcement actions against the applicant in the preceding season for failure to comply with the original permit approved by the Planning Commission. If such seasonal outdoor dining involves use of City property, an insurance certificate naming the City as an additional insured in the amount of at least $2,000,000 and a signed and notarized indemnification and hold harmless agreement shall also be provided to the City Building Department.
		(j)	For properties located in the B-1 Neighborhood Business District, the applicant shall notify the neighbors by sending out a public notification provided by the City. The applicant shall prepare a notification list, based on the most current City of Rye Tax Maps and Tax Assessment roll, showing the Tax Map sheet, block and lot number, the owner's name and owner's mailing address for each property located, wholly or partially, within 300 feet of the subject property. If a property on the public notification list is also listed as a cooperative or an apartment, the notice shall be mailed to the property owner of record. These mailing requirements must be performed in accordance with the following requirements:
			[1]	The mailing shall be limited solely to the notice provided by the City.
			[2]	The notice shall be mailed to all property owners at a post office or official depository of the Postal Service at least 10 days prior to the submission of the outdoor dining application to the City. The applicant must obtain a certificate of mailing for every notice mailed.
			[3]	The applicant must provide to the City a copy of the notice that was circulated and a copy of the certificate of mailings.
B-2 Central Business Districts [Amended 11-17-1993 by L.L. No. 10-1993; 9-18-1996 by L.L. No. 8-1996]
	(1)	The same accessory uses as are permitted in B-1 Districts.
	(2)	Residence for caretaker or watchman necessary for protection of main use.
	(3)	Indoor customer seating at tables or counters, subject to the requirements of the New York State Uniform Fire Prevention and Building Code, and a sign setting forth the maximum permitted seating capacity shall be posted in the seating area. The floor space devoted to customer seating shall not be considered a restaurant use for the purpose of determining on-site parking requirements, except that the floor space devoted to customer seating shall be included in the calculation of required on-site parking for the underlying permitted retail use.
	(4)	Seasonal outdoor customer seating. Upon application to the City Planning Department, the Planning Commission may permit for a period of up to three years seasonal outdoor customer seating and tables on a property and, to a limited degree, extensions onto abutting City property, subject to the following limitations: [Added 7-15-2009 by L.L. No. 6-2009; amended 10-16-2019 by L.L. No. 8-2019]
		(a)	The applicant shall submit an application form, plans detailing the area of proposed seasonal outdoor dining and fee as set forth in the fee schedule of the City budget adopted by the City Council.
		(b)	Outdoor customer seating shall only be permitted from April through October and shall require a new permit approved by the Planning Commission after three outdoor dining seasons. During the months of November through March, the tables, chairs and any related equipment must be stored inside of the building or removed from the site.
		(c)	The Planning Commission shall limit the area of outdoor customer seating such that it will not interfere in any way with fire exits or other requirements of the Building Code of New York State.
		(d)	The Planning Commission shall limit the area to be devoted to outdoor customer seating so that it will not interfere with access by the handicapped and shall maintain on any City sidewalk a safe, adequate and unobstructed passageway for pedestrians not less than five feet in clear width from the edge of the outdoor seating area to the nearest obstruction.
		(e)	The outdoor area to be devoted to seasonal outdoor customer seating shall not be considered for the purpose of determining on-site parking requirements.
		(f)	The Planning Commission may impose conditions and requirements as it deems appropriate, including, but not limited to, size and configuration of the outdoor seating area; maximum number of tables and chairs; permitted hours of outdoor seating; type, size and color of tables and chairs; requirements for the daily removal of tables and chairs; limitations on the placement of tables during City-approved outdoor events, and/or standards for cleanliness and removal of debris.
		(g)	The Planning Commission shall not issue a permit if it finds that the proposed outdoor seating would be incompatible with other uses on the property or an abutting property.
		(h)	The Planning Commission may deny the issue of a permit if it finds that during the prior permit period the permit holder violated any condition of the permit, that during the prior permit period the applicant or the property owner provided or permitted outdoor seating without having obtained a permit or that there are outstanding notices of violation concerning the property or the applicant's use.
		(i)	Upon Planning Commission approval and prior to the start of each outdoor dining season, the applicant shall file with the City Building Department an outdoor dining application form and fee as set forth in the fee schedule of the City budget adopted by the City Council. If such seasonal outdoor dining involves use of City property, an insurance certificate naming the City as an additional insured in the amount of at least $2,000,000 and a signed and notarized indemnification and hold harmless agreement shall also be provided to the City Building Department.
B-3 Beach Business Districts
	(1)	The same accessory uses as are permitted in RT Districts. [Amended 6-18-1968 by Ord. No. 3-1968]
	(2)	Parking area accessory to permitted main use, provided it is back of the required front yard line and accessible from the street by not more than one twenty-foot-wide surfaced driveway for each 70 feet of street frontage. Any such accessory parking area existing on March 22, 1951, shall be brought into conformity with these regulations not later than three years from such date, unless such time is extended by the Board of Appeals.
B-4 Office Building Districts
	(1)	The same accessory uses as permitted in R-2 Districts and such others as are specifically permitted as provided in § 197-10. [Amended 7-20-1960]
	(2)	Child-care facilities, subject to the following conditions: [Added 10-19-1989 by L.L. No. 10-1989]
		(a)	To the extent that restrictions exist or are placed on the number of persons permitted to be employed on the site, employees serving the child-care facility shall be counted as employees for the purposes of said restrictions.
		(b)	The Planning Commission may limit the amount of indoor and outdoor space devoted to the child-care facility and may limit the specific location of outdoor space.
		(c)	The number of children served by the child-care facility shall be limited as provided for by state law.
		(d)	The children served by the child-care facility shall be limited to children of the employees of permitted tenants of the building, and such employees shall be regularly employed at this location.
		(e)	The child-care facility shall be managed or supervised by a permitted tenant of the building or its employees.
B-5 Interchange Office Building Districts [Added 9-18-1957; amended 4-7-1982 by L.L. No. 6-1982; 11-6-1985 by L.L. No. 14-1985; 12-18-1985 by L.L. No. 17-1985; 5-17-1989 by L.L. No. 7-1989]
	(1)	Accessory uses customarily incidental to and on the same lot with a permitted use, except as provided by § 197-86, Table of Regulations: Table B, Business Districts, Notes to Area, Yard, Height and Miscellaneous Regulations, Note (1), and approved as provided by §§ 197-10 and 197-12.
	(2)	Parking structures, provided that they are adjacent in whole or in part to a rear yard, but in no case within a required front yard, and provided that the top of the highest parapet wall is at least five feet lower than the height of the highest roof of the office buildings to which they are accessory.
	(3)	Hotel accessory uses may include meeting rooms, banquet facilities, restaurants, bars, cabarets for consumption of food and beverages, or either of them, on the premises, boutiques, travel services, barbershops, newspaper stands, open or enclosed swimming pools, open or enclosed tennis courts, platform tennis, paddle ball courts and other court games, putting greens, tot-lots, play grounds, health clubs and convention facilities.
	(4)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, as regulated in B-1 Districts.
	(5)	Child-care facilities, subject to the following conditions: [Added 10-19-1989 by LL. No. 10-1989; amended 9-12-1990 by L.L. No. 15-1990]
		(a)	The floor area in the building occupied by the child-care facility shall continue to be counted as gross floor area for the purpose of determining on-site parking requirements.
		(b)	To the extent that restrictions exist or are placed on the number of persons permitted to be employed on the site, employees serving the child-care facility shall be counted as employees for the purpose of said restrictions.
		(c)	The Planning Commission may limit the amount of indoor and outdoor space devoted to the child-care facility and may limit the specific location of outdoor space.
		(d)	The number of children served by the child-care facility shall be limited as provided for by state law.
		(e)	The child-care facility shall be managed or supervised by a permitted tenant of the building or its employees.
B-6 General Business Districts
	(1)	Other accessory uses customarily incident to and on the same lot with a use permitted in this district, except that no use prohibited in § 197-22 shall be permitted as an accessory use.
	(2)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, as regulated in B1 Districts. [Added 12-18-1985 by L.L. No. 17-1985]
B-7 Waterfront Business Districts
	(1)	Accessory uses customarily incident to and on the same lot with a permitted use and approved as provided by § 197-10, but not including any use customarily conducted as a main use of land not requiring waterfront access, nor any restaurant or bar except accessory to a membership club not open to the general public. [Added 3-18-1964 by Ord. No. 2.1964][5]
	(2)	The filming of movies, commercials, documentaries, serials, shows, performances or other similar events and activities, including still photography, as regulated in B-1 Districts. [Added 12-18-1985 by L.L. No. 17-1985]

TABLE OF REGULATIONS: TABLE C COASTAL ZONE DISTRICTS — USE REGULATIONS [Added 6-19-1991 by L.L. No. 13-1991]
Column 1 Permitted Main Uses
MC Districts
	(1)	Membership clubs, such as beach, yacht and other similar water-related and water enhanced clubs, except those where a chief activity is carried on primarily for gain.
		(a)	A minimum site of 7.5 acres shall be provided.
		(b)	The floor-area-to-lot-area-ratio shall not exceed 0.10.
		(c)	Fifty percent of any such site shall be natural ground cover, to include but not be limited to grass, trees, shrubs, plants and natural surfaces such as rock outcroppings and sand.
		(d)	Any building, parking lot or other recreational use shall be subject to the same regulations as specified for educational uses in residence districts and shall not be located in the specified distance of any lot line.
WR Districts
	(1)	Public recreational uses. Municipal recreation buildings, playgrounds, parks, reservations, beaches, boating facilities and other similar water-related and water-enhanced recreational uses, provided that no building, parking area or grounds for picnicking or organized games or sports shall be located within the specified distance of any lot line, subject to the same regulations as for educational uses in residence districts.
	(2)	Private recreational uses. Outdoor and indoor recreational uses, including but not limited to golf, badminton, tennis, bathing, swimming, boating and other water-related and water-enhanced recreational uses, with appurtenant clubhouses, except those where a chief activity is carried on primarily for gain, provided that:
		(a)	A minimum site of 7.5 acres shall be provided.
		(b)	The floor-area-to-lot-area-ratio shall not exceed 0.10.
		(c)	Fifty percent of any such site shall be natural ground cover, to include but not be limited to grass, trees, shrubs, plants and natural surfaces such as rock outcroppings and sand.
		(d)	No green or fairway shall be located within the specified distance from any lot line.
		(e)	Any building, parking lot or other recreational use shall be subject to the same regulations as specified for educational uses in residence districts.
C Districts
	(1)	Nature preserves, wildlife conservation areas and natural areas.

TABLE OF REGULATIONS: TABLE C COASTAL ZONE DISTRICTS — USE REGULATIONS Column 2 Uses Permitted Subject to Additional Standards and Requirements (Subject to the requirements and provisions of § 197-10)
MC Districts
	(1)	Main uses permitted in R-1 Districts, as limited therein and subject to the following:
		(a)	Residential lots created by a subdivision after June 28, 1991, shall be lot grouped as permitted by § 197-39 of this chapter at an R-3 standard.
		(b)	The open space to be reserved shall be equal to or greater than 50% of the total area of the land to be subdivided and shall include all lands shown on the approved subdivision plat as building lots, public and private rights-of-way created as part of the subdivision and land, if any, reserved for conventional park and playground purposes.
		(c)	The open space to be reserved in the subdivision shall include wetlands and floodplains; scenic, natural and ecological features; and views of the shoreline from public streets. If the foregoing does not require the full 50% of the required open space, then the remaining required open space to be reserved shall be located between the shoreline and an inland line essentially parallel to the shoreline.
WR Districts
	(Reserved)
C Districts
	(Reserved)

TABLE OF REGULATIONS: TABLE C COASTAL ZONE DISTRICTS — USE REGULATIONS Column 3 Permitted Accessory Uses (Subject to the requirements and provisions of § 197-9)
MC Districts
	(1)	Any accessory building or accessory use permitted in an R-1 District customarily incidental to and located on the same lot with a on-family residence.
	(2)	The following accessory uses when associated with a membership club or public recreational use:
		(a)	Tennis courts, paddle tennis courts, swimming pools, beaches, boat docks, boat launching ramps and facilities, basketball courts and other similar outdoor recreation uses. Lighting of recreation facilities for night use is prohibited except as permitted by § 197-14 of this chapter.
		(b)	Boathouses, gymnasiums, health and fitness club facilities, racquetball courts, squash courts, locker rooms, cabanas and other similar types of recreation facilities.
		(c)	Dining, entertainment and bar facilities not primarily open to the public.
		(d)	Club administrative offices, auxiliary facilities for providing related educational and instructional services, maintenance facilities, storage buildings, boat storage, fuel and oil sales to members and guests only, laundry facilities, facilities for the pumping out of marine holding tanks, facilities for waste oil collection and other similar types of club support facilities.
		(e)	Residences for caretakers and staff; seasonal residences for club members and guests.
		(f)	Fences, walls or retaining walls not exceeding six feet in height above the average natural grade, except that fences not less than three-fourths-inch open construction shall be permitted up to 12 feet in height around tennis courts and other similar facilities, sea walls to the minimum height necessary to provide for adequate protection against flooding.
		(g)	Navigational lights.
		(h)	Other accessory buildings and accessory uses customarily incidental to the principal club use of the premises.
WR Districts
	(1)	Restaurants and lunchrooms, excluding drive-in car service stands, and any other service, except window counter service stands and table service in the required front yard.
C Districts
	(1)	Appurtenant service buildings including caretaker's and equipment housing, pavilions, auxiliary facilities for providing related educational and instructional services, walkways, bridges, service and access roadways or other accessory transportation facilities which may be required as accessory to the permitted main use.

[1] Editor's Note: Columns 4 through 16 of Table A, which contain area, yard and height requirements for residence districts, are found in the chart entitled "City of Rye Table of Regulations: Table A Residence Districts Area, Yard, Height and Miscellaneous Regulations," included as an attachment to this chapter.

[2] Editor's Note: Former Subsection (12), Retail use seasonal outdoor customer seating annual permit, as amended, was repealed 7-15-2009 by L.L. No. 6-2009. See now Column 3, Permitted Accessory Uses, B-2 Central Business Districts, Subsection (4), Seasonal outdoor customer seating annual permit.

[3] Editor's Note: Former Subsection (13), Restaurant use seasonal outdoor customer seating annual permit, was repealed 7-15-2009 by L.L. No. 6-2009. See now Column 3, Permitted Accessory Uses, B-2 Central Business Districts, Subsection (4), Seasonal outdoor customer seating annual permit.

[4] Editor's Note: Former Subsection (6), Retail use seasonal outdoor customer seating annual permit, as amended, and Subsection (7), Restaurant use seasonal outdoor customer seating annual permit, as amended, both of which immediately followed, were repealed 7-15-2009 by L.L. No. 6-2009. See now Column 3, Permitted Accessory Uses, B-2 Central Business Districts, Subsection (4), Seasonal outdoor customer seating annual permit.

[5] Editor's Note: Columns 4 through 14 of Table B, which contain area, yard and height requirements for Business Districts, are found in the chart at the end of this chapter entitled "City of Rye Table of Regulations:" Table B Business Districts Area, Yard, Height and Miscellaneous Regulations."